Section 26-1-6 - Fundamental rights of parents(a) The Legislature finds and declares both of the following: (1) The Alabama Supreme Court and United States Supreme Court have recognized that parents have a fundamental right to direct the upbringing of their children.(2) The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care, and control of their children.(b) The government may not burden the fundamental right of parents to direct the education, upbringing, care, and control of their child unless the government demonstrates that the application of the burden is narrowly tailored to a compelling state interest and the government uses the least restrictive means possible to further that interest.(c) This section may not be construed as authorizing or allowing a parent to engage in child abuse or neglect.(d) This section shall only be construed as applying to disputes between parents and the government or third parties and does not modify the law as to disputes between parents.Ala. Code § 26-1-6 (1975)
Added by Act 2023-555,§ 1, eff. 9/1/2023.